The Constitutional Court of Spain has reinforced protections for workers by ruling that employees cannot be dismissed for protesting their working conditions. Such dismissals will be deemed null and void, highlighting the importance of safeguarding employee rights in the workplace.
This ruling emerged from a case shared by a law firm with offices in Madrid, Valencia, Barcelona, and Seville, which posted a video on TikTok to clarify workers” rights. According to the court, if an employee challenges a right—such as refusing to work overtime or demanding payment for extra hours—they cannot be terminated for raising concerns.
The law explicitly prohibits retaliatory dismissals in response to requests for workers” rights. This principle is known as the guarantee of indemnity for employees, which aims to protect workers from being penalized for asserting their rights. It essentially means that if an employee takes their case to court after such a dismissal, the court will consider the termination invalid.
The concept of indemnity guarantees is vital for the judicial protection of workers facing violations of their rights. Under current labor legislation in Spain, if an employee is fired directly due to exercising their rights, that dismissal is automatically nullified. In addition to reinstatement, the employee is entitled to compensation.
Legal experts emphasize the significance of understanding these rights, urging workers to be aware that they are protected when standing up for their workplace entitlements.
